Do Web Posts that Harm Lawyer Marketing Classify as Defamation, Libel, or Slander?

Attorney marketing strategies often involve creating a significant online presence for the law firm. When individuals post content that damages that presence, this activity may be illegal. It is also likely to harm the reputation of the attorney, resulting in a financial strain on the law firm.

To establish a defamation lawsuit, the plaintiff must prove:

  • The posting was about himself or his law firm
  • The publicized posting reached third parties
  • The statements made must be defamatory, not simply hurtful
  • The statements made must be false
  • The statements made must be provable as being false
  • The false statements must cause injury or damage

To succeed in a claim for libel, the lawyer must show that written communication of a statement was made that was false or deceptive. He or she also must prove that the statement was expressly stated or implied to be factual, and that it will harm the reputation of the law firm or its attorneys.

A claim for slander must demonstrate the use of language for the purpose of harming the reputation of the attorney or law firm.

If the legal marketing strategy developed by you or your law firm has been harmed by online postings, experienced legal counsel should be consulted to determine a course of action. For more information about lawyer marketing and preparing for and defending online reputation attacks, contact the experienced team at Great Legal Marketing. Fill out our online form or call our office today at 703-591-9829.


Ben Glass
Ben is a nationally recognized expert in attorney marketing and the owner of Great Legal Marketing.